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ASSISTANCE FROM SHERIFFS DEPARTMENT FOR FINGERPRINTING (5) ~ ') . I I AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY") and EVERETT S. RICE, as Sheriff of Pinellas County, Florida (hereinafter "SHERIFF") this 5th day of April , 1994 and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; and WHEREAS both the CITY and the SHERIFF believe the provision of such services as hereinafter provided is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as fol- lows: I. The SHERIFF shall provide to the CITY one full-time latent print examiner (hereinafter "Examiner"). Addi tionally, the SHERIFF shall provide to the CITY a second part-time latent print examiner who shall devote at least twenty-five percent (25%) of his/her time to the examination of latent fingerprints for the CITY. Such person(s) shall be appropriately trained and qualified to examine latent fingerprints and to identify same. A. Said Examiners shall be members of the Pine11as County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. B. Said Examiners shall be on duty to perform fingerprint examination eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. Examine fingerprints provided by the CITY to elimi- nate fingerprints of persons who have a legitimate reason to have their fingerprints in a premises or on an object. (!(!: ~~ ~ n'''> i/' /, (/[,.i.... / "r". Gr\ ) l''-< ;>,' ;"1 I I 2. Evaluate the quality of latent fingerprints provid- ed by the CITY. 3. Compare the latent fingerprints of suspects provid- ed by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identi- fication. C. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall provide additional available personnel to assist the Examiners. D. The Examiners shall be available to assist SHERIFF'S personnel in the examination of latent fingerprints in times of extreme need for such assistance. E. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners pro- vided for herein. Said liaison shall: 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate deliv- ery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and deliv- ery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of com- pleted latent fingerprint request forms showing the results of such examination or comparison. 5. Serve as the SHERIFF'S contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. -2- r, I I II. The CITY shall pay the SHERIFF the sum of FIFTY-EIGHT THOUSAND ONE HUNDRED THIRTY-NINE DOLLARS and NINETY-EIGHT CENTS ($58,139.98) annually for the latent fingerprint services to be rendered pursuant to this Agreement. III. In addition to the Examiners described above: A. The SHERIFF will provide to the CITY, upon request by the CITY, Crime Scene Technicians to document, process and col- lect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF'S capabilities shall be at the expense of the CITY. B. The SHERIFF will provide to the CITY, storage, release and disposal for all evidence and property, except bicycles, which may lawfully come into the possession of the CITY Police Department or which may be obtained as the result of crime scene processing. This includes the packaging and transportation of such items to and from a lab or other testing facility as deter- mined by the CITY Police Department. The SHERIFF shall be re- sponsible for obtaining routine items of property or evidence from the CITY OF CLEARWATER Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY OF CLEARWATER Police Department to transport such items to the SHERIFF'S evidence and property storage facility. C. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's person- nel pursuant to this Agreement. D. The CITY shall pay to the SHERIFF the sum of $122.83 for each crime scene processed by the SHERIFF and shall guaran- tee a minimum of 2,000 calls for service during the first year of this Agreement. For all requests for service in excess of 2,000 during the first year of the contract, the CITY shall pay to the SHERIFF the sum of $122.83 for each crime scene processed pursuant to this Agreement. However, in no case shall the SHER- IFF be paid less than TWO HUNDRED FORTY-FIVE THOUSAND SIX HUN- DRED SIXTY-SIX DOLLARS AND FOURTEEN CENTS ($245,666.14) for crime scene technician and evidence storage services as provided in this Agreement. E. Billing for requests for service in excess of 2,000 calls during the first year of the contract shall be invoiced monthly at the rate of $122.83 per call. -3- ~, r.-.. -~ I I F. The parties have the option to renew this Agreement for a period of 2 additional years beyond the original contract period. Should the parties mutually agree to renew this Agree- ment for one or more years beyond the original contract period, the SHERIFF may increase the cost for services no more than 4.25% for each of the two remaining years in the option period. G. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY OF CLEARWATER Police Department for documentation purposes and which requires some action by a SHER- IFF'S Crime Scene Technician. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. IV. The CITY agrees to pay to the SHERIFF on or before March 15, 1994, the sum of THREE HUNDRED THREE THOUSAND EIGHT HUNDRED SIX DOLLARS AND ELEVEN CENTS ($303,806.11) which re- flects the minimum sum due for all services to be rendered dur- ing the term of this Agreement. V. Ei ther party may cancel this Agreement upon providing notice of such cancellation in writing thirty (30) days in ad- vance of the date of cancellation. In consideration for and CITY'S knowledge of SHERIFF hiring and training additional staff to manage the requirements of this Agreement, should CITY termi- nate this Agreement prior to January 1, 1995 no funds will be reimbursed by the SHERIFF to the CITY. If the SHERIFF termi- nates the Agreement, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service at the rate provided herein and shall refund the remainder to the CITY. VI. This Agreement shall be for a period of one year com- mencing January 1, 1994 and concluding December 31, 1994. VII. SHERIFF agrees to use best efforts and necessary re- sources available to SHERIFF to carry out the terms and condi- tions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and condi- tions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively: -4- ~.. " ~r" I I FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 34616 (813) 462-6330 John F. Wolf, Major P. O. Drawer 2500 Largo, FL 34649-2500 (813) 587-6386 VIII. This Agreement constitutes the full and complete under- standing of the parties and may be modified or amended only by a document in writing signed by the CITY and the SHERIFF. 5th day of Apr il jC1 q d..1 ,~ DONE AND EXECUTED this ATTEST: CITY OF CLEARWATER, FLORIDA Go"udeau ~h?~ Eliz eth M Deptula Interim City Manager Approved as to form and correctness: Countersigned: Rita Garvey Mayor-Commissione PINELLAS COUNTY SHERIFF'S OFFICE ~~;W~ . A1ar EVERETT S. RICE, Sheriff -5-